Kennedy v. Langdon
| Decision Date | 12 September 1877 |
| Citation | 123 Mass. 193 |
| Parties | Michael Kennedy v. Edward A. Langdon |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Berkshire. Replevin. In the Superior Court, on appeal, the defendant filed a motion to dismiss the action, on the ground, among others not material to be stated, that there had been no legal service of the writ upon the defendant. Bacon, J., sustained the motion on all the grounds assigned; and the plaintiff alleged exceptions.
Exceptions overruled.
J. Branning, for the plaintiff.
A. J. Waterman, for the defendant, was not called upon.
One ground of the judgment of the Superior Court, sustaining the motion to dismiss the action, was the insufficiency of the service of the writ. Its decision upon that ground was final, and not a subject of exception. Gen. Sts. c. 115, § 7. Smith v. Dexter, 121 Mass. 597. We need not therefore consider the other ground assigned.
Exceptions overruled
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...action for the alleged reason that there had been no sufficient service of the writ was final. Pub.St. c. 153, § 8; Kennedy v. Langdon, 123 Mass. 193. Appeal...